PART TWO:
The filing of the PD 772 (Anti-Squatting Law) resulted in the mass arrest of residents who were not able to post bail bond.
The filing of the PD 772 (Anti-Squatting Law) resulted in the mass arrest of residents who were not able to post bail bond.
In July 1995, court cases against the title holders of Pangarap were dismissedbecause they were able to present their corresponding titles of the land.
Ironically, the PD 772 cases filed in various courts against the informal settlers (urban poor families) did not succeed because the urban poor families challenged Carmel to produce in court proof of its ownership over the contested land.
Carmel was not able to produce these vital documents in court. The eventuation resulted in the disbarment of Atty. Orlando Rayos, counsel of Carmel Farms. Atty. Rayos was no longer attending the hearings Carmel filled against these informal settlers. The cases filed against the informal settlers in various courts were dismissed due to lack of interest of Carmel to pursue the said cases.
The reason is obvious. Carmel’s TCTs are questionable. But nobody pursued what Pres. Marcos has started, the cancellation of all TCTs issued in Carmel’s favor through the proper courts (instead of a PD). Yes, Madam President, cancellation and annulment of titles and not reversion will lead you to proclaim Pangarap, part of the 808-hectare Tala Estate which was reserved for government uses as well as for housing and urban development (Proclamation 843), as a government land.
Charged with a new battery of bright lawyers, Carmel opted to play a new game where winning is done by elimination, and where possession and not ownership gives weight. The “weakest link” will have to go first.
Carmel filed an ejectment case in the sala of MTC Judge Eleonor Kwong against the formal and informal dwellers of Pangarap, including the president of the MHAI. Their test case is a success, due to technicality, the case was won by Carmel and resulted in the issuance of a Writ of Demolition against all respondents of the aforementioned case.
On April 2, 2002, right after the Holy Week, the 15 concrete and well-furnished houses of the said respondents, built thru their hard-earned retirement funds were subsequently demolished. Confusions ensued but not a single violence was ever recorded. The said houses went down peacefully, amidst the silent protest done in anguish, bitterness and pain never before felt by these buyers and builders in good faith, “whose dwellings stood thereon” because of the government’s assurance that the land they bought and occupy from the government, thru the Bureau of Lands, belongs and still remains with the Republic of the Philippines.
It is obvious that being beneficiaries of CA 32 (Land for the Landless Act) these victims of inhumane demolition do not own, cannot and will not afford extra houses. The atrocious demolition was executed even without a plan for relocation both by the private claimant (Carmel) and the concerned agencies of the government.
But worst of all, the Torrens Systems is in danger of breaking up and falling down (one of the many reasons why the Concerned Citizens of Pangarap is pushing for a legislation via a Congressional Inquiry).
Confusions, hopelessness, and pain are mounting in the hearts of all residents of Pangarap when on April 3, 2002, right after the demolition of the 15 houses, residents were served a Notice to Vacate Property by armed security men of Carmel Development. To date, some were already given Summons to appear before the different Municipal Trial Courts in Caloocan City. These cases are still ongoing. While some cases have already been decided for demolition.
Day by day, the residents of Pangarap are dying slowly with the confusion and fear of the impending demolition orders. These coupled by the bitterness and hopelessness as against the agencies of the government who should have been doing their jobs in resolving the land dispute over Pangarap Village adds to the torture of everyday living. Where is the LMB report? Will the LMB report be lacking in contents and evidences (as in the past when the OSG rejected it)? Will the OSG find any merit to pursue a case against Carmel based on the LMB report?
But LMB is basing its reports on the Supreme Court Decision GR No. 70484 that Carmel did not complete full payment of the land when in fact Carmel says that they did not buy it from the government on the first place.
Are the LMB, OSG doing their research well? Are they doing their jobs?
Whose houses shall go down next?
Reading on the decision of MTC Judge Kwong, the first 15 cases was won by Carmel not because of Carmel’s ownership over the land but mainly because of the “unconstitutionality and invalidity of the PD 293 and the absolute lack of any rights of any portion of Pangarap Village to the members of the so called Malacanang Homeowners Association (Supreme Court Decision GR no. 70484)” which was the basis of Judge Kwong to order the said demolition. Given also the fact that possession and not ownership is the issue in all ejectment cases.
Carmel succeeded in this endeavor. Carmel announced their intention to demolish all the houses of the 50,000 residents of Pangarap before the year ends citing jurisprudence. If this be the fact, then we only have until 2002, Madam President.
Inspired by the Jesuits example of Active Non-Violence, we, the Concerned Citizens of Pangarap started our Prayer Vigil at the main gate of Pangarap Village in April 16, 2002 right after the City Administrator of Caloocan issued us a permit. To our surprise, the said Prayer Vigil is participated actively by various religious leaders from the 22 different churches/religious groups in Pangarap including the Catholic Church. People who are tired and weary of their respective leaders and lawyers in their organizations flocked our prayer vigil area.
The site is heartbreaking. Women and children alike joined the prayers. People are embracing us. Thanking us for fighting and standing up for their cause and for Jesus despite the impending dangers.
What dangers? Only now we realized how dangerous it is to fight against those whose connections and resources are so vast.
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